Month: Abril 2009
The Ministry of Finance and the State Administration of Taxation issues New Rules on Income Tax Treatment of Corporate Restructuring
On April 30 the Ministry of Finance and the State Administration of Taxation issues the Notice on Several Issues Concerning the Enterprise Income Tax Treatment of Corporate Restructuring (hereafter referred to as “Notice”) , which take effect from Jan 1 2009.
Corporate restructuring in the Notice is classified to six catalogues, namely change of legal form, debt restructuring, equity acquisition, asset acquisition, merger and division.
Depending on different situations, ordinary or special tax treatment shall be applied to corporate restructuring. The Notice stipulates specific conditions on which special tax treatment and crossborder restructuring can be recognized. Documents submission to local tax authority is required in the special tax treatment.
IPRs. Supreme Court issues Interpretation on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes over the Protection of Well-known Trademarks
On April 23 the Supreme Court promulgated the Interpretation on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes over the Protection of Well-known Trademarks (hereafter referred to as “Interpretation”). The Interpretation aims at preventing the abuse of the well-known trademarks system.
The Interpretation clarifies the case in which the well-known trademarks shall be applied, specifies the factors which shall be taken into account in recognition of well-known trademarks, lower the proof burden of the super well-known trademarks and clarifies the condition for the cross-protection of the well-known trademarks.